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HomeMy WebLinkAboutagenda.apz.20140617 AGENDA ASPEN PLANNING AND ZONING COMMISSION TUESDAY, June 17, 2014 REGULAR MEETING: 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. 500 W. Hopkins, Boomerang Lodge, PUD Amendment, GMQS Review VI. OTHER BUSINESS A. Work Program Review VII. ADJOURN Next Resolution Number: /v Typical Proceeding Format for All Public Hearings 1) Conflicts of Interest(handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of hearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met. Revised April 2, 2014 P1 Regular Meeting Planning& Zoning Commission June 3,2014 U Erspamer,Chair,called the meeting to order at 4:30 PM with members Tygre, Nieuwland-Zlotnicki, McNellis and Elliott present. Also present from City staff;Jim True,Jennifer Phelan,Justin Barker and Jessica Garrow. COMMISSIONER COMMENTS Ms.Tygre commented between the striping and the construction it is difficult to get around. STAFF COMMENTS: There were no comments. PUBLIC COMMENTS: There were no comments. MINUTES - May 20, 2014 Ms.Tygre moved to approve the May 20,2014 minutes, seconded by Mr. Nieuwland-Zlotnicki. All in favor, motion carried. DECLARATION OF CONFLICT OF INTEREST There were none. Public Hearing - 100 & 108 E. Francis Street- Hallam Lake Bluff Review Mr.True reviewed the affidavits of public notice and they are appropriate. Justin Barker,community development,told the commission the applicant is requesting a Hallam Lake Bluff Review for a project containing two single family homes. The project includes several at grade terrace features,storm water management features and soil stabilization. The majority of the development is greater than 30 feet from top of slope which qualifies as exempt from the review. There are three thresholds for development;below top of slope—no development can occur,within 15 feet of top of slope—this is where the review will occur. The applicant is proposing below grade soil nailing on a small portion of the east side of the lot. This will not be visible after construction and has been approved by the city engineer. There is an existing concrete slab from when this was the Given Institute that will not be touched. It is a non-conformity but is allowable since it existed before the review. The final development threshold is more than 15 feet from top of slope. The only requirement is it must be below the 45 degree line drawn from top of slope. Staff is recommending approval. Mr. McNellis asked if the construction will affect any vegetation on the property. Mr. Barker said the majority of the existing vegetation will remain and a few new aspen trees will be added. Jeff Berkus,architect said the only area where the soil nailing gets to 15 feet is way back on the east side by the path and not near the lake. They are keeping all the existing vegetation and adding aspen trees. The applicant said that they hope this will be an exemplary project as to how to deal with water quality management on site. Mr. Erspamer opened the public comment. There was none. Mr. Erspamer closed the public comment. 1 P 2 Regular Meeting Planning& Zoning Commission June 3,2014 Ms.Tygre stated she appreciates all the work the applicant put into the project ensuring they conformed to the requirements. Ms.Tygre moved to approve resolution 9,series of 2014 Hallam Lake Bluff Review for 100 and 108 E. Francis Street; seconded by Mr. Elliott. Roll call vote; Elliott,yes; McNellis,yes; Nieuwland-Zlotnicki,yes; Erspamer,yes;Tygre,yes. All in favor, motion carried. Other Business—Work Program Jessica Garrow, community development,said they are looking for ideas from P&Z that they would like to see staff working on. Ms. Garrow said the main things they are currently working on are permit process change,standardized zoning submission, lodging development, business start-up web site and the Rubey Park remodel. After discussion with the commission the top ideas were looking at the PD process, parking,free market multi-family housing and vested rights. Ms.Garrow will send the entire list out to P&Z separately. Mr. McNellis moved to adjourn at 5:20 pm; seconded by Ms.Tygre. All in favor, motion carried. Linda Manning City Clerk 2 P3 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Sara Adams, Senior Planner THRU: Jennifer Phelan, Community Development Deputy Director RE: Boomerang Lodge(500 W. Hopkins Ave.)—GMQS Amendment, Commercial Design Review, PUD Amendment, Subdivision Amendment Resolution No. Series of 2014 MEETING DATE: June 17, 2014 APPLICANT/OWNER: floor area is reduced from 23,547 sf to 10,463 sf. Aspen FSP-ABR, LLC Lodge unit density is decreased from 47 to 45 and the average unit size is proposed to be decreased REPRESENTATIVE: 501 sf to 218 sf. The floor area and density of Michael Hoffinan,•Garfield and Hecht, the affordable housing units is increased to mitigate P.C.; James DeFrancia, Lowe for the new free market residential units. The Enterprises; and Charles Cunniffe project is vested under the December 2005 Land Use Architects Code until October 20, 2015. LOCATION: STAFF RECOMMENDATION: 500 W. Hopkins Avenue,between Staff finds that the review criteria are not met for the Fourth and Fifth Streets. requested variances and for the amendment to the PUD and recommends either: CURRENT ZONING: 1) Continuation of the project to amend the R-6 (Medium Density Residential) and project as described below, or Lodge Preservation Overlay 2) Denial of the requested amendment. SUMMARY: The Applicant requests approval to amend the 2006 PUD approval, to amend the Subdivision approval, to amend Growth Management, and Commercial Design Review. The proposed project increases the overall density of the project (from 54 total units to 66 total units) and decreases the overall floor area (from 44,915 sf to 40,549 so. The free market residential component is significantly increased from 5 units to 16 units and from a floor photo: Historic wing of the Boomerang Lodge. area of 10,733 sf to 23,109 sf. Lodge 500 W.Hopkins Ave.—Boomerang Lodge Staff Memo 6/17/14 Page 1 of 9 P4 REQUEST OF THE PLANNING AND ZONING COMMISSION: The Applicant is requesting the following land use reviews to amend Ordinance 26, 2006 which granted approval to redevelop the property: (please note that the project is vested under the Land Use Code in effect on December 30, 2005). • Growth Management Amendment: Lodge Incentive Program and Development of Affordable Housing (Chapter 26.470, GMQS) for allotments and for affordable housing mitigation requirements. (Planning and Zoning is the final review authority.) • Commercial Design Review (Chapter 26.412, Commercial Design Review) for a mixed use project. (Planning and Zoning Commission is the final review authority.) • PUD Amendment (Chapter 26.445, Planned Unit Development) to establish dimensional requirements. (The Planning and Zoning Commission makes a recommendation to City Council. Council is the final review authority.) • Subdivision Amendment (Chapter 26.480, Subdivision) for a mixed use project to divide legal interests. (The Planning and Zoning Commission makes a recommendation to City Council. Council is the final review authority.) BACKGROUND: The property is a 27,000 square feet lot located along Hopkins Avenue between Fourth and Fifth Streets. It is zoned R-6, Medium Density Residential with the Lodge Preservation(LP) Overlay. The Boomerang Lodge was constructed by Charlie Patterson in 1949 and enlarged in 1956, 1965, and 1970 (the lodge was a total of about 23,000 sf of floor area). The property operated as a 34 room lodge until 2007 when all of the improvements located west of the designated historic wing along Fourth Street were demolished as part of the 2006 approvals granted via Ordinance 26, Series of 2006. a .Y L Fri — e fti 1 ` b Figure 1: Zone District Map of subject parcel and surrounding neighborhood. 500 W.Hopkins Ave.—Boomerang Lodge Staff Memo 6/17/14 Page 2 of 9 P5 PREVIOUS APPROVALS: In 2006 City Council granted approval for a lodge project that includes 47 lodge units, 5 free market residential units, and 2 affordable housing units. The floor area of the project was about 45,000 square feet total with 24% of the floor area allotted to free market residential use and 52% of the floor area allotted to lodge use. A PUD was adopted as part of the 2006 approval that established dimensional requirements including an average height of about 36' for the project with a maximum height of about 42' for the 4 story lodge addition. The eastern corner of the property, the sunken pool, and the original Boomerang lodge wing are designated landmarks pursuant to the 2006 approvals. m "T .J4«:� LE. n [ f T 9GV7H LCVAT�N_ Figure 2: Recorded Elevation(Hopkins Ave.)for the approved Boomerang Lodge(2006) A demolition permit was granted by the City and acted upon by the developer in the spring of 2007. The non-designated sections of the original Boomerang lodge were demolished in the summer of 2007. In 2009, City Council extended the vested rights of the project to October 20, 2015. Due to the extension of vested rights, this project is subject to the rules and regulations in effect on December 31, 2005 when a land use application was originally submitted. In 2011, the applicant received approval for a 100% affordable housing project with the purpose of participating in the affordable housing credit program. A final plat was never recorded for the affordable housing project within the required timeframe rendering the approval void. PROPOSED DEVELOPMENT: The applicant proposes to amend the 2006 approval to reduce the number of lodge units and the lodge floor area, increase the number of free market residential units and the free market residential floor area, and increase the number of affordable housing units and the affordable housing floor area. The overall floor area for the project is proposed to be about 4,300 square feet less than the 2006 approval. Table 1 compares the floor area and density of the 2006 approval to the current request. 500 W.Hopkins Ave.—Boomerang Lodge Staff Memo 6/17/14 Page 3 of 9 P6 Table 1: Comparison of 2006 project to current proposal 2006 PROJECT PROPOSED PROJECT Lodging Floor Area 23,547 sf 10,463 sf (52% of overall FAR) (26% of overall FAR) Lodging Units 47 45 Average Lodge Unit Size 501 sf 232 sf Free Market Floor Area 10,733 sf 23,109 sf (24% of overall FAR) (57%of overall FAR) Free Market Residential Units 5 16 -Average Free Market Unit Size 2,147 sf 1,444s Affordable Housing Floor Area 1,384 sf 3,225 sf Affordable Housing Units 2 5 Overall Floor Area 44,915 sf 40,549 sf Overall Density 54 units 66 units Parking 43 spaces — 31 garage and 56 spaces — 33 garage and 23 12 surface in ROW surface in ROW' The proposed project is mostly three stories and about 36'6" tall. A 4 story building is proposed adjacent to the 2 story landmark that is proposed to house lodge units and measures at about 42'6"at its highest point. The proposed height is consistent with the 2006 approvals. The lodging use is separated from the residential uses in both floor plan and architectural style. All of the proposed uses - free market residential, affordable housing and lodge— are able to use the pool, lounge area and Paterson room as amenities. A green roof is proposed atop the landmark wing, which was approved in 2006. The applicant proposes to restore the original sunken pool and underground viewing window as part of this proposal. Restoration of the exterior of the wing and the landscape/pool area is under the purview of the Historic Preservation Commission. An underground parking garage and individual storage units accessed off of the alley is proposed. The project proposes to accommodate all of the required parking onsite. The garage accommodates the parking requirement (26 spaces are required and 33 are provided in the garage). Surface parking spaces, most of which are in the right of way(ROW), are proposed and are subject to Engineering and Parking Department approval through an encroachment license. The Parking Department is not supportive of the privatizing the surface parking spaces in the right of way. The proposed height, mass and scale are very similar, if not identical, to the 2006 approval. The only substantial change to height is related to the building along Fifth Street: the height of the building stepped down toward Fifth Street in the 2006 approval compared to the height of the current proposal which does not inflect to the development across Fifth Street. Similar to the 2006 approval, setback variances are requested. A comprehensive comparison of the proposed 1 Parking Department is not supportive of privatizing the spaces in the ROW for use solely by the Boomerang Development. 500 W.Hopkins Ave.—Boomerang Lodge Staff Memo 6/17/14 Page 4 of 9 P7 project to the 2006 approval, R-6 .zone district, and the Lodge zone district is below. The property is not subject to the Lodge zone district requirement: it is included for comparison only. The lodge zone district is located at the base of Aspen Mountain, which has a completely different development pattern and density then a residential neighborhood such as the Hopkins Avenue corridor at the base of Shadow Mountain. Table 2: Comparison of proposed project to zone districts and 2006 approval R-6 Lodge 2006 approval Current proposal zone district zone district Minimum Lot Size 6,000 sf, 3,000 sf 27,000 sf 27,000 sf 3,000 sf for landmarks Minimum Lot Width 60' 30' 270' 270' Minimum front yard 10' S' S' 2' (Hopkins Ave.) Minimum side yards 15' S' S' 3' Minimum rear yard 10' S' S' 0' Maximum height 25' 28' As per PUD roof As per PUD roof plan- max height plan — no change between approx. 34' from 2006 approval 6"—42' 6" Minimum distance 5' 10' As per PUD As per PUD between buildings Trash access area n/a 10' x 20' As per PUD As per PUD, 10' x 20' Maximum Allowable 0.5:1 or 1.5:1 or 1.66:1 or 44,915 sf 1.5 or floor area 13,720 sf 40,500 sf 40,500 sf Maximum Lodge floor n/a 1:1 or 27,000 sf 0.87:1 or 23,547 sf 0.39 or 10,463 sf area Average lodge room n/a n/a 501 sf 232 sf size Maximum Free n/a 0.25:1 or 0.39:1 or 10,733 sf 0.86:1 or 23,220 sf Market Residential 6,750 sf floor area Minimum Affordable n/a 0.25:1 or 0.05 or 0.12:1 or 3,225 sf Housing floor area 6,750 sf 1,384 sf 5 units @Cat.2 2 units @C at.2 Minimum off-street 2 per dwelling unit .5 per lodge unit 43 spaces total- 31 56 spaces — 33 parking spaces for single family/ and 1 space per underground and 12 underground and 23 duplex residential unit surface spaces surface spaces (including 12 spaces in ROW subject to encroachment licenses) 2 To determine the R-6 zone district floor area, Staff assumed a lot split that divided the property into 4 lots, 1 lot contains the historic resource and the other 3 were single family home lots of about 6,000 sf in size to meet the minimum lot size requirement. 500 W.Hopkins Ave.—Boomerang Lodge Staff Memo 6/17/14 Page 5 of 9 P8 GROWTH MANAGEMENT REVIEW (EXHIBIT A): The applicant proposes to amend the Growth Management approval from 2006. Allotments from the 2005 growth ceiling are available to accommodate the proposed changes as described in Exhibit A. The 2006 Land Use Code incentivizes certain types of lodge development by reducing required floor area mitigation through the Lodge Incentive Program. The current proposal does not meet the thresholds to qualify for the Lodge Incentive Program. The Code allows a project to apply for a variation in some of the Lodge Incentive Program requirements if a project can meet specific review criteria that address a range of lodging product, generous amenities, method for short term rentals, and no less than 1 unit per 600 square feet of lot area. The applicant has applied for Growth Management review under the lodge incentive program; however variances from the density requirement are requested in order to qualify for the incentive program. The Code allows a variance from the requirement of 1 lodge unit per 600 square feet of lot area upon a finding that specific review criteria are met. Projects that do not meet the density standard (or do not receive a variance from the density standard) are subject to different review criteria and more affordable housing mitigation. The difference in affordable housing mitigation is as follows: lodge incentive program requires mitigation of the free market residential component at 30% of free market residential units and 30% of employees generated by lodge development; lodge developments that do not meet the lodge incentive program require mitigation of the free market residential component at 30% of the free market residential floor area and 60% of the employees generated by lodge development. Staff response: Staff finds that the project does not qualify for the lodge incentive program and does not meet the review criteria for a variance (Exhibit A). The project does not provide a range of lodge unit sizes as required by the review criteria. The review criteria for a density variance also requires diversity of lodge unit sizes and configurations to be attractive to a broad segment of guests. The applicant proposes to apply the free market residential unit sizes to meet this requirement. In Staff's opinion the free market residential units are not part of the lodge use and are not eligible to be considered to meet the diversity of lodge units requirement. The project proposes 42 one-bedroom lodge units that are just over 200 square feet in size, and 3 one-bedroom units that are just over 400 square feet in size. Lock-offs are proposed on each floor that would increase the one-bedroom unit to a two-bedroom unit. The size of the units may be appropriate for an economy level lodge; however the request for a variance from the density standard is not met. Furthermore, the review criteria that require generous amenities and services for lodge guests and a system for the project to maximize short term occupancies are not met. The project provides basic amenities and services for lodge guests (outdoor pool and deck space, lounge, no food service) that are consistent with the expectations for an economy level lodge, but do not qualify as generous amenities. The applicant represents that the free market residential units will most likely be part of the short term rental pool based on the property management company that is proposed to run the property. To date, the applicant has been unwilling to provide a guarantee that these units will be short term rentals. The application represents that a property management company will 500 W.Hopkins Ave.—Boomerang Lodge Staff Memo 6/17/14 Page 6 of 9 P9 manage the lodge, but there is no system in place that maximizes short term occupancies for the free market residential component. Staff is concerned that, while this may be the intent of the developer, without specific agreements the free market residential component will not be rented. The proposal to separate the uses - lodge on 113 of the property and free market residential/affordable housing on 213 of the property—does not contribute to the feeling that the free market residential units will be rental properties. Mixing free market residential and lodge uses within a project causes the free market residential to feel more like a lodge and in turn be represented as short term rentals. Staff finds that the review criteria for an amendment to Growth Management 2006 approvals are not met. Staff finds that the review criteria for a variance to the density standard to participate in the lodge incentive program are not met. PUD REVIEW(EXHIBIT B): The purpose of Planned Unit Development (PUD) designation is to encourage flexibility and innovation in the development of land. The PUD process often consists of weighing community benefits against allowing additional height, mass and/or density, while considering impacts on the neighborhood. It is a holistic style of review, considering a wide range of factors. For example, during the 2006 PUD review process, consideration of the lodge use was weighed heavily as a community benefit, resulting in the granting of the dimensional variations allowed by a PUD process, as specified in the Lodge Preservation Overlay zone district(Section 26.710.320). As part of the 2006 review, the applicant also utilized the Incentive Lodge Development portion of the Growth Management section, which incentivized lodge redevelopment with smaller lodge room and higher density of lode units. (As part of the 2006 approval, the lodge incentives allowed housing mitigation to offset the free market residential on a per unit basis,rather than on a square-footage basis.) Pursuant to the Lodge Preservation Zone District, as part of the PUD approval, the amount of associated free market residential space to be included in the project is established according to specific review criteria (see page 4 of Exhibit B). The review criteria address the project's range of unit sizes and configurations, number of lodge units being added to the inventory, generous amenity space, etc. Staff response: Considering the proposed decrease in lodge and increase in free market residential development, and the impact of these changes on the community, Staff is concerned that the proposed project is out of scale with the neighborhood in terms of height and massing. The proposed overall floor area is slightly less than the 2006 approved project; however the 2006 approval was for a lodge project with a free market residential component. The quality and sizes of lodging units provided in the 2006 approval, and the size of free market residential component (24% of the project compared to 57% of the project), was appropriate at the time to allow the height and floor area that was approved. The applicant essentially flipped the 2006 free market residential floor area with the current proposed lodge floor area and vice versa with the 2006 lodge floor area and the current proposed free market residential floor area. The proposal for a free market residential project with a lodge component that is mostly three stories 500 W.Hopkins Ave.—Boomerang Lodge Staff Memo 6/17/14 Page 7 of 9 P10 with one four story tower does not provide a community benefit or appropriate trade-offs that warrant the proposed dimensions. Staff finds that the PUD review criteria are not met considering the proposed ratios of the uses in relationship to the requested variances, and recommends that the floor area of the free market residential component be reduced and the overall height of the project be reduced to better relate to the neighborhood. Staff is not supportive of the requested dimensional requirements considering the ratios of uses within the project— this is a free market residential development that requests to capitalize on the lodge incentives. SUBDIVISION(EXHIBIT C): The applicant requests subdivision, which is required for a mixed-use project with multiple residential units. Exhibit C addresses the review criteria. Staff response: In Staff's opinion the review criteria as listed in Exhibit C and mentioned above are not met. COMMERCIAL DESIGN REVIEW (EXHIBIT D): The Commercial Design Standards apply to all mixed use buildings. The review standards relate mostly to commercial aspects of a mixed use development. The majority of the review standards are not relevant to this applicant because there is no commercial component. Staff response: Staff finds that the review criteria are met. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission either deny the requested Growth Management allotments; or continue the hearing to reduce the free market residential floor area and increase the lodge component in order to meet the Lodge Incentive Program or meet Growth Management requirements for projects that do not meet the Incentive Program. Should the project proceed under the non-lodge incentive growth management review, Staff recommends that Planning and Zoning Commission direct the applicant to reduce the proposed height and mass to better relate to the neighborhood. PROPOSED MOTION: "I move to deny the requested Growth Management amendment, Commercial Design Review, and PUD and Subdivision amendments" or"I move to continue the public hearing." Attachments Exhibit A— Staff Findings, GMQS Review Criteria Exhibit B— Staff Findings, PUD Review Criteria Exhibit C—Staff Findings, Subdivision Review Criteria Exhibit D—Staff Findings, Commercial Design Review Criteria Exhibit E—Development Review Committee Comments 500 W.Hopkins Ave.—Boomerang Lodge Staff Memo 6/17/14 Page 8 of 9 P11 Exhibit F—Application 500 W.Hopkins Ave.—Boomerang Lodge Staff Memo 6/17/14 Page 9 of 9 P12 RESOLUTION N0. (SERIES OF 2014) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION DENYING GROWTH MANAGEMENT REVIEW FOR THE DEVELOPMENT OF 45 LODGE UNITS, 16 FREE MARKET RESIDENTIAL UNITS, AND 5 AFFORDABLE HOUSING UNITS FOR THE PROPERTY LEGALLY DESCRIBED AS LOTS K, L, M, N, O, P, Q, R AND S, BLOCK 31, ASPEN TOWNSITE AND COMMONLY KNOWN AS 500 W. HOPKINS AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273512449002 WHEREAS, the Community Development Department received an application from Aspen FSB-ABR LLC, represented by Michael Hoffman Esq., an amendment to Growth Management approvals, an amendment to a PUD plan, an amendment to Subdivision approval, and Commercial Design Review to develop 45 lodge units; 16 free market residential units, and 5 affordable housing units at 500 W. Hopkins Ave.; and, WHEREAS, the Applicant has an existing vested right to develop the property with 47 lodge units, 5 free-market units, and 2 affordable housing units via Ordinance No. 26 (series of 2006), commonly known as the Boomerang Lodge; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for amended Growth Management review under the Incentive Lodge Program and Commercial Design Review; and, WHEREAS, the Applicant requests a recommendation by the Planning and Zoning Commission to the City Council for approval to amend the Planned Unit Development (PUD) and Subdivision granted via Ordinance No. 26 (Series of 2006); and, WHEREAS, the property is located at 500 W. Hopkins Ave. and is currently zoned Medium-Density Residential (R-6), Lodge Preservation (LP) and Planned Unit Development (PUD); and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department found that the review criteria included in Exhibits A, B, C of the Staff memo are not met and recommended denial of the project; and, WHEREAS, during a duly noticed public hearing on June 17, 2014, the Planning and Zoning Commission took public testimony, considered the application, found that the review criteria are not met, and denied the Growth Management amendment; and, Page 1 of 2 P&Z Resolution No.—(2014) P13 NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Growth Management The Planning and Zoning Commission finds that the Lodge Incentive Program review criteria are not met; and therefore deny the requested amendment to the Growth Management approval granted via Planning and Zoning Commission Resolution No. 18 (Series of 2006). Section 2• This Resolution shall- not affect any existing- litigation-and shall not operate as -an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. DENIED BY the Planning and Zoning Commission of the City of Aspen on this 17th day of June, 2014. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney U Erspamer,Chair ATTEST: Cindy Klob, Records Manager Page 2 of 2 P&Z Resolution No. —(2014) P14 Exhibit A - Growth Management Review —Substantial amendment 26.470.080.13 Substantial Amendment. All other amendments to an approved growth management development order shall be reviewed pursuant to the terms and procedures of this Chapter. Allotments granted shall remain valid and applied to the amended application, provided the amendment application is submitted prior to the expiration of vested rights. Amendment applications requiring additional allotments, or allotments for different uses, shall obtain those allotments pursuant to the procedures of this Chapter. 26.470.040.C.3 Incentive Lodge Development. The expansion of an existing lodge or the development of a new lodge shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the expansion, pursuant to Section 26.470.030.D, Annual Development Allotments Staff Response: The applicant proposes to increase the free market residential component of the project by adding 11 new units for a total of 16 free market residential units. .In 2005 P&Z granted 6 allotments for free market residential units for the Boomerang project (5 units were ultimately approved by City Council during PUD review). The Sky Hotel redevelopment was granted 10 free market residential units in the same allotment year, which were never realized; therefore, sufficient allotments exist to accommodate the increased free market residential component from the 2005 allotment pool. There was no annual limit to affordable housing or to lodge development in 2005. Staff finds this criterion to be met. b) The proposed development is consistent with the Aspen Area Community Plan. Staff Response: The project is subject to the 2000 AACP as a regulatory document. The P&Z is authorized through the PUD "other" amendment to apply the current AACP as a guiding document to this review. The PUD "other" amendment states (emphasis added): "During the review of the proposed amendment, the Planning and Zoning Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community circumstances. This shall include, but not be limited to, portions of the development which have not obtained building permits or are proposed to be amended any new community policies or regulations which have been implemented since the original approval, or changed or changing community circumstances as they affect the project's original representations and commitments." The Staff response is broken into two sections: one addresses the 2000 AACP as a regulatory document and the other addresses the current AACP as a guiding document. 2000 AACP: Transportation — "Maintain and improve the appeal of bicycling and walking for a wide variety of trips in the Aspen area by adding sidewalk connections, replacing sidewalks, and requiring sidewalks as part of development approvals where appropriate." Exhibit A-GMQS Boomerang Page 1 of 7 P15 Housing — "Encourage greater participation by the private sector in developing affordable housing." Historic Preservation—"Protect all buildings and sites of historic significance." Economic Sustainability — "Create long term sustainable economy that respects the underpinnings of the community such as the environment and the people." Managing Growth — "Foster a well-balanced community through integrated design that promotes economic diversity, transit and pedestrian friendly lifestyles, and the mixing of people from different backgrounds." Staff finds that the proposed project is located in a neighborhood that promotes walking and bicycling. Sidewalks are proposed as part of the landscape plan. The applicant proposes onsite affordable housing,. and has already landmark designated the historic wing of the Boomerang during the 2006 approval process. Staff finds that the Transportation, Housing and Historic Preservation chapters of the 2000 AACP are met with the proposed project. Staff finds that the Economic Sustainability and Managing Growth chapter of the AACP are not met in that the proposed project is mostly multi family free market residential which does not create a long term sustainable economy: it creates units that do not have a high level of occupancy in a neighborhood that does not allow multi family free market residential. The ability to have multi family residential on this site is tied to the Lodge Preservation overlay zone district, which allows a lodge project with some free market residential component. In Staff's opinion, the proposal is for a multi family free market residential project with some lodge component. The floor area for the free market residential is more than double the lodge floor area. The proposed design of lodge on 113 of the property and free market residential uses with 5 affordable housing units on 213 of the property does not foster a blended project. The small economy priced lodge rooms are separate from the large free market residential component that comprises the majority of the property. On the other hand, mixing the free market residential with the affordable housing uses promotes economic diversity and mixes different backgrounds. Staff finds that the project could go further to meet the goals of the 2000 AACP by restudying the free market residential component to better balance the proposed uses. 2012 AACP: Managing Growth— Chapter IV. Lodging Sector IV.1 "Minimize the further loss of lodging inventory." IV.2 "Replenish the declining lodging base with an emphasis on a balanced inventory and diverse price-points." IV.3 "Lodging amenities should be designed to facilitate interaction between visitors and residents." IVA "Zoning and land use processes should result in lodging development that is compatible and appropriate within the context of the neighborhood, in order to: • Create certainty in land development. Exhibit A-GMQS Boomerang Page 2 of 7 P16 • Prioritize maintaining our mountain views. • Protect our existing lodges. • Protect our small town community character and historical heritage. • Limit consumption of energy and building materials. • Limit the burden on public infrastructure and ongoing public operating costs. • Reduce short-and long-term job generation impacts, such as traffic congestion and demand for affordable housing." Chapter IIL Residential Sector 111.1. "Protect the visual quality and character of neighborhoods by minimizing site coverage, mass and scale." The 2012 AACP may be used by P&Z to reflect current community circumstances. The project proposes to increase lodge units from the original Boomerang lodge by adding I1 new units, which meets policy IV I above. Staff is supportive of the proposed economy lodge units, but finds that there lacks a diversity of lodge room size or diverse price points as described in policy IV..2 above. Staff is concerned that the proposed project, specifically the free market residential floor area, does not meet the adopted policy 111.1. The project, which is similar to the 2006 vested approval, does not protect the visual quality of the neighborhood by minimizing site coverage, mass and scale. The comparison of free market residential floor area to lodge floor area is more than 2:1 and the proposed height is around 10 feet taller than that allowed in the R-6 zone district. c) The project contains a minimum of one lodge unit per five hundred (500) square feet of Lot Area and these lodge units average five hundred (500) square feet or less per unit. These two standards (the density standard and the unit size standard) may be varied in some cases according to the limitations of the zone district in which the project is developed and still meet this criterion. (See zone district requirements below.) Units developed in excess of those necessary to meet the Lot Area standard shall not be required to meet the average size standard. For the expansion of a lodge which is not being demolished/ redeveloped and which does not currently meet the Lot Area standard, only the average unit-size standard of the new units shall be required in order to meet this criterion. Projects not meeting the density or unit size standard shall be reviewed pursuant to 26.70.040.C.2 — Expansion/New Commercial, Lodge, or Mixed Use Development LP overlay zone district dimensional requirements:...As part of the PUD review, an adjustment of the "density standard" and the "unit size standard" may be approved and the project shall remain qualified for the Growth Management incentives associated with these standards. The review shall consider the following criteria: 1. The density standard may be amended by a maximum of 20% to one lodge unit per 600 square feet of Lot Area. The average unit size standard may be amended by a maximum of 20% to permit an average unit size of 600 square feet. An adjustment in excess of these increased may be approved through adoption of a PUD plan, but the project shall no longer be qualified for the associated incentives. Exhibit A -GMQS Boomerang Page 3 of 7 P17 Staff response: The project proposes one lodge unit per 600 square feet of Lot Area, which is the minimum allowed to meet the lodge incentive program and to meet the LP overlay zone district requirements. The average lodge unit size is 232 square feet, which is less than the maximum required average lodge unit size of 500 square feet. Staff finds this criterion to be met. 2. The project includes a generous amount of non-unit space, amenities, and services for guests of the lodging operation. This can include both internal and external amenities. Staf response: The project proposes typical amenity space for the lodge component of the project: pool, deck space, lounge area. There is no food service and no kitchen proposed. Staff finds that the proposed amenities are standard for an economy lodge and do not include a generous amount of amenities or services as required by this criterion. Staff finds that the criterion is not met. 3. The project provides a range of unit sizes and configurations to be attractive to a broad segment of potential guests. Flexible units are encouraged. Staff response: The applicant proposes an average lodge unit size of 218 sf on the first three floors of the lodge with a total of 10 lock-offs that allow the units to double in size to about 440 sf. The fourth floor of the lodge is proposed to have 4 units that are about 440 sf in size. Staff recognizes that the applicant intends to propose an economy level lodge; however the 48 lodge rooms do not represent a range of unit sizes that are attractive to broad segment of the potential guests. The proposed lodge rooms target only the economy level of the population. The free market residential component is not included in the consideration of a range of units sizes because there is no guarantee that the units will be part of the short term rental pool. Stafffinds this criterion is not met. 4. There exists a system or strategy for the project to maximize short-term occupancies. Staff response: The applicant represents that a private company will manage the lodge and free market residential uses on the property which makes it easy for the free market residential owners to participate in short term rentals. As stated above the applicant does not propose a guarantee that the free market component will participate in short term rentals. Furthermore, the proposed floor plan layout separates the uses - free market residential on 213 of the lot and lodge use on 113 of the lodge — which does not physically represent the project as a lodge project that has short term occupancies throughout the property. Mixing free market residential uses and lodge uses together encourages short term rentals throughout the project, not just in the lodge sector. Staff finds that this criterion is not met. d) Associated free-market residential development, as permitted pursuant to the zone district in which the lodge is developed, shall be allocated on a unit basis and attributed to the annual development allotment. Each unit shall require the provision of affordable housing mitigation by one of the following methods: Exhibit A,-GMQS Boomerang Page 4 of 7 P18 i. Providing an Accessory Dwelling Unit (ADU) or Carriage House for each residential unit pursuant to Section 26.520, Accessory Dwelling Units and Carriage Housings. The unit need not be detached or entirely above grade to meet this criterion. ii. Providing on-site or off-site Affordable Housing units equal to 30% of the free- market residential units (on a unit basis). The affordable housing units shall be one-bedroom or larger and be provided as actual units (not as cash in lieu payment). Affordable housing units provided shall be approved pursuant to Section 26.470.040.C.7, Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. Provision of affordable housing mitigation via units outside of the City of Aspen shall require approval from City Council, pursuant to Section 26.470.040.D.2. An applicant may choose to provide mitigation units at a lower category. Staff Response: 16 free market residential units are proposed, which equals a requirement of 4.8 affordable housing units (16*30% = 4.8). The applicant proposes 5 onsite one-bedroom affordable housing units at Category 2 that are proposed to be rental units associated with the lodge component. APCHA comments are included in the DRC exhibit. APCHA is supportive of the proposed affordable housing units. iii. Paying affordable housing cash in lieu fee normally associated with exempt single-family and duplex development, pursuant to the Aspen/Pitkin County Housing Authority Guidelines. Notes: The City encourages the affordable housing units required for the free market residential development to be associated with the lodge operation and contributing to the long term viability of the lodge. An efficiency or reduction in the number of employees required for a lodge component of an Incentive Lodge project may be approved as a credit towards the mitigation requirement for the free market component of the project, pursuant to Section 26.470.050.A.I —Employee Generation. e) Thirty (30) percent of the employees generated by the additional lodge, timeshare lodge, exempt timeshare units, and associated commercial development, according to Section 26.470.050.A, Employee Generation Rates, are mitigated through the provision of affordable housing or cash in lieu thereof. On-site affordable housing units shall be one bedroom or larger units. Employee mitigation shall only be required for additional development and shall not be required for replacement development. The Planning and Zoning Commission may consider unique characteristics of efficiencies of the proposed operation and lower the mitigation requirements pursuant to Section 26.470.050.A.1 — Employee Generation. Affordable housing units provided shall be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. Provision of affordable housing mitigation via units outside of the City of Aspen shall require approval form City Council, pursuant to Section 26.470.040.D.2. An applicant may choose to provide mitigation units at a lower Category designation. Exhibit A-GMQS Boomerang Page 5 of 7 P19 Staff Res ponse: The historic Boomerang lodge had 34 lodge rooms, which is applied as a credit to the proposed project. The applicant proposes 45 lodge rooms (including lock offs) which means mitigation is required for 11 units (45-34 = I1). The Code states an employee generation rate of 0.3 FTEs per bedroom: (11*0.3 = 3.3 FTEs). The Code requires mitigation of 30% of the employees generated by the additional lodge which equals 0.99 FTEs (3.3 * 30% = 0.99 FTEs). Section 26.470.050.A.5 of the Code allows onsite housing to serve multiple affordable housing requirements. The Code states that "whenever affordable housing is provided on-site (with actual units) in order to satisfy one requirement, the same on-site affordable housing may also be used to satisfy any other affordable housing requirement concurrently. " The applicant proposes 5 onsite housing units to meet the free market residential housing mitigation requirement, which is the larger of the two mitigation requirements. Staff finds this criterion to be met. f) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Staff response: The Development Review Committee provided comments regarding necessary upgrades associated with the project. These recommendations are included in the draft resolution. Stafffinds this criterion is met. 26.470.040.0.7 Affordable Housing. The development of affordable housing deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines shall be approved, approved with conditions, or denied by the Planning and Zoning Commission based on the following criteria: a) Sufficient growth management allotments are available to accommodate the new units, pursuant to Section 26.470.030.C, Development Ceiling Levels. Staff Response: There are no development ceiling levels for affordable housing units. Stafffinds this criterion to be met. b) The proposed development is consistent with the Aspen Area Community Plan. Staff Response: Please see discussion above, Section 26.470.040.C.3(b) on page 1 of this exhibit). c) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Exhibit A -GMQS Boomerang Page 6 of 7 P20 Staff Response: A recommendation from APCHA is included in the DRC comments. APCHA is supportive of the proposed units. APCHA and Staff recommend that S parking spaces in the subgrade garage be assigned to the housing units. In addition, Staff recommends that each housing unit be assigned a storage unit in the subgrade garage. Staff recommends that the common areas be available to the housing unit occupants since they are available to the lodge guests and free market residential unit owners. d) Affordable Housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City of Aspen city limits. Units outside the city limits may be accepted as mitigation by the City Council, pursuant to 26.470.040.D.2. Provision of affordable housing through' cash in lieu payment shall be at the discretion of the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. Required affordable housing may be provided through a mix of these methods. Staff response: The affordable housing units are proposed to be onsite. e) The proposed units shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. In the alternative, rental units may be provided if a legal instrument, in a form acceptable to the City Attorney, ensure permanent affordability of the units. Staff response: The proposed units are rentals that are intended to be available to the lodge operation, as stated in the LP overlay zone district "The City encourages the affordable housing units required for the free market residential development to be associated with the lodge operation and contributing to the long term viability of the lodge... " Exhibit A-GMQS Boomerang Page 7 of 7 P21 Exhibit B—PUD Other Amendment 26.445.100.13 Other Amendment An amendment found to be inconsistent with the approved final development plan by the Community Development Director shall be subject to final development plan review and approval by the Planning and Zoning Commission and City Council, pursuant to Section 26.445.030 (C) Step 4. During the review of the proposed amendment, the Planning and Zoning Commission and City Council may require such conditions of approval as are necessary to insure that the development will be compatible with current community circumstances. This shall include, but not be limited to, portions of the development which have not obtained building permits or are proposed to be amended, any new community policies or regulations which have been implemented since the original approval, or changed or changing community circumstances as they affect the project's original representations and commitments. 26.445.040 General Provisions The following provisions shall apply to all property designated with a PUD Overlay on the Official Zone District Map unless otherwise provided pursuant to an adopted final PUD development plan for the property. A. Uses: The land uses permitted in a PUD shall be limited to those allowed in the underlying zone district in which the property is located. Detached residential units may be authorized to be clustered in a zero lot line or row house configuration, but multi- family dwelling units shall only be allowed when permitted by the underlying zone district. Staff Response: The proposed mixed use building — lodge, free market residential, and affordable housing uses- are consistent with the allowed uses in the Lodge Preservation (LP) Overlay Zone District. Staff finds this criterion to be met. B. Density: Unless otherwise established pursuant to a Final PUD Development Plan, the maximum aggregate density shall be no greater than that permitted in the underlying zone district, considering the inclusions and exclusions of Lot Area, as defined, and the mandatory density reduction for steep slopes as described below. LP overlay zone district dimensional requirements: ... As part of the PUD review, an adjustment of the "density standard" and the "unit size standard" may be approved and the project shall remain qualified for the Growth Management incentives associated with these standards. The review shall consider the following criteria: 1. The density standard may be amended by a maximum of 20% to one lodge unit per 600 square feet of Lot Area. The average unit size standard may be amended by a maximum of 20% to permit an average unit size of 600 square feet. An adjustment in excess of these increased may be approved through adoption of a PUD plan, but the project shall no longer be qualified for the associated incentives. Exhibit B-PUD review criteria Boomerang Lodge Page 1 of 12 P22 Staff response: The project proposes one lodge unit per 600 square feet of Lot Area, which is the minimum allowed to meet the lodge incentive program and to meet the LP overlay zone district requirements. 2. The project includes a generous amount of non-unit space, amenities, and services for guests of the lodging operation. This can include both internal and external amenities. Staff response: The project proposes typical amenity space for the lodge component of the project: pool, deck space, lounge area. There is no food service and no kitchen proposed. Staff finds that the proposed amenities are standard for an economy lodge and do not include a generous amount of amenities or services as required by this criterion. Staff finds that the criterion is not met. 3. The project provides a range of unit sizes and configurations to be attractive to a broad segment of potential guests. Flexible units are encouraged. Staff response: The applicant proposes an average lodge unit size of 218 sf on the first three floors of the lodge with a total of 10 lock-offs that allow the units to double in size to about 440 sf. The fourth floor of the lodge is proposed to have 4 units that are about 440 sf in size. Staff recognizes that the applicant intends to propose an economy level lodge; however the 48 lodge rooms do not represent a range of unit sizes that are attractive to broad segment of the potential guests. The proposed lodge rooms target only the economy level of the population. The free market residential component is not included in the consideration of a range of units sizes because there is no guarantee that the units will be part of the short term rental pool. Staff finds this criterion is not met. 4. There exists a system or strategy for the project to maximize short-term occupancies. Staff response: The applicant represents that a private company will manage the lodge and free market residential uses on the property which makes it easy for the free market residential owners to participate in short term rentals. As stated above the applicant does not propose a guarantee that the free market component will participate in short term rentals. Furthermore, the proposed floor plan layout separates the uses - free market residential on 213 of the lot and lodge use on 113 of the lodge — which does not physically represent the project as a lodge project that has short term occupancies throughout the property. Mixing free market residential uses and lodge uses together encourages short term rentals throughout the project, not just in the lodge sector. Staff finds that this criterion is not met. C. Dimensional Requirements: The following dimensional requirements shall be established with the adoption of a final PUD development plan. The underlying zone district shall be used as a guide in determining the appropriate dimension for each provision. The final development plan shall clearly define all dimensional requirements for each lot within the PUD. In the absence of a final development plan, a single Exhibit B-PUD review criteria Boomerang Lodge Page 2 of 12 P23 detached or duplex residential dwelling, if listed as a permitted use in the underlying zoning, may be developed in conformance with the provisions of the underlying zone district. Staff response: The underlying zone district is R-6, Medium Density Residential, with the Lodge Preservation (LP) Overlay Zone District, The R-6 Zone District does not allow mixed use as a permitted use. The LP Overlay permits lodge, multi family residential and affordable housing uses on this parcel. The LP Overlay also requires the adoption of a PUD plan to set dimensional requirements. Below is a comparison of the R-6 zone district, the Lodge zone district, the 2006 approval, and the current proposal. The Lodge Zone District is provided as information only, the project is not required to meet the Lodge requirements. The maximum allowable floor area for Free Market Residential in the LP Overlay is established according to the criteria addressed on the next page. Table 1: Comparison of dimensional requirements. R-6 Lodge 2006 approval Current zone district zone district proposal Minimum Lot Size 6,000 sf, 3,000 ft 3,000 sf 27,000 sf 27,000 sf for landmark Minimum Lot Width 60' 30' 270' 270' Minimum front yard 10' S' S 2' (Hopkins Ave.) Minimum side yards 15' S' S' 3' Minimum rear yard 10' S' S' 0' Maximum height 25' 28' As per PUD As per PUD roof roof plan- max plan — no change height between from 2006 approx. 34' 6"— approval 42' 6" Minimum distance 5' 10' As per PUD As per PUD between buildings Trash access area n/a 10' x 20' As per PUD As per PUD, 10' x 20' Maximum Allowable 0.5:1 or 1.5:1 or 1.66:1 or 1.5 or floor area 13,720 sfl 40,500 sf 44,915 sf 40,500 sf Maximum Lodge n/a 1:1 or 27,000 sf 0.87:1 or 0.39 or 10,463 sf floor area 23,547 sf Average lodge room n/a n/a 501 sf 232 sf size Maximum Free n/a 0.25:1 or 0.39:1 or 0.86:1 or 23,220 1 To determine the maximum allowable FAR for this parcel in R-6, Staff assumed a subdivision occurred to create 4 separate lots, one of which is a historic landmark, and added the FAR for each lot to total 13, 720 sf of maximum FAR. Exhibit B- PUD review criteria Boomerang Lodge Page 3 of 12 P24 Market Residential 6,750 sf 10,733 sf sf floor area Minimum Affordable n/a 0.25:1 or 0.05 or 0.12:1 or 3,225 Housing floor area 6,750 sf 1,384 sf sf 2 units P Cat.2 5 units Cat-2 Minimum off-street 2 per dwelling unit 0.5 spaces per 43 spaces total- 56 spaces — 33 parking spaces for single, family/ lodge unit and 1 31 underground underground and duplex space/ residential and 12 surface 23 surface units spaces spaces (including 12 spaces in ROW subject to encroachment licenses)2 Free Market Residential FAR in the LP Overlay: The LP overlay zone district states that "as part of the PUD approval, the amount of associated free market residential or large lodge/timeshare unit space to be included in the project shall be established by considering the following factors:" 1. The amount of non-unit space, amenities, and services for guests of the lodging operation. This can include both internal and external amenities. Staff response: The project proposes typical amenity space for the lodge component of the project:pool, deck space, lounge area. There is no food service and no kitchen proposed. Staff finds that the proposed amenities are standard for an economy lodge and do not include a generous amount of amenities or services as required by this criterion. Staff finds that the criterion is not met. 2. The project's range of unit sizes and configurations which are attractive to a broad segment of potential guests. Flexible units are encouraged. Staff response: The applicant proposes an average lodge unit size of 218 sf on the first three floors of the lodge with a total of 10 lock-offs that allow the units to double in size to about 440 sf. The fourth floor of the lodge is proposed to have 4 units that are about 440 sf in size. Staff recognizes that the applicant intends to propose an economy level lodge; however the 48 lodge rooms do not represent a range of unit sizes that are attractive to broad segment of the potential guests. The proposed lodge rooms target only the economy level of the population. The free market residential component is not included in the consideration of a range of unit sizes because there is no guarantee that the units will be part of the short term rental pool. Stafffinds this criterion is not met. 3. The extent of additional lodge units being added to the inventory. 2 The P arking Department is not supportive of privatizing the parking spaces in the ROW. Exhibit B-PUD review criteria Boomerang Lodge Page 4 of 12 P25 Staff response: The project proposed to add 11 new lodge units (45 proposed — 34 original Boomerang units) to the inventory, which not a very significant addition of lodge units to warrant a free market residential floor area that is more than double the proposed lodge floor area. 4. The number and average size of lodging units being provided. Sta f response: 45 lodge units that average 232 square feet are proposed. 5. Any legal or physical limitations of the property such that additional incentive is necessary to develop guest accommodations. Staff response: Staff is not aware of any legal or physical limitation of the property that requires a free market residential floor area that is double the lodge floor area. The property currently has two approved projects —a lodge project approved in 2006 that includes more lodge floor area than free market residential floor area, and a 100% affordable housing project. Staff finds this criterion is not met. 6. Any system or strategy for the project to maximize short-term occupancies. Staff response: The applicant represents that a private company will manage the lodge and free market residential uses on the property which makes it easy for the free market residential owners to participate in short term rentals. As stated above the applicant does not propose a guarantee that the free market component will participate in short term rentals. Furthermore, the proposed floor plan layout separates the uses -free market residential on 213 of the lot and lodge use on 113 of the lodge—which does not physically represent the project as a lodge project that has short term occupancies throughout the property. Mixing free market residential uses and lodge uses together encourages short term rentals throughout the project, not just in the lodge sector. Staff finds that this criterion is not met. 26.445.050 Review Standards: Conceptual, Final, Consolidated, and Minor PUD A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the.following standards and requirements...The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and title. A. General requirements 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff response: Please refer to Exhibit A, GMQS,for a discussion of the AACP. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Exhibit B-PUD review criteria Boomerang Lodge Page 5 of 12 P26 Staff response: The property is zoned Lodge Preservation overlay, which legalized the use of the original Boomerang lodge, and Staff finds that a lodge use is appropriate in this location and is consistent with the zoning of the parcel. The surrounding neighborhood comprises single family, duplex and multi family residential. There are lodges located along Main Street. Staff finds that the development is consistent with the character of the existing land uses in the neighborhood. Staff finds this criterion to be met. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff response: The development is consistent with the LP overlay zone district regarding proposed use; however staff has concerns about the proposed height of the project and the proposed amount of free market residential floor area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review Staff response: GMQS is being processed concurrently with the PUD and Subdivision amendments. Allotments are available to accommodate the proposed development. B. Establishment of Dimensional Requirements. The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040 above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a. The character of, and compatibility with, existing and expected future land uses in the surrounding area. b. Natural or man-made hazards. c. Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d. Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Exhibit B-PUD review criteria Boomerang Lodge Page 6 of 12 P27 Staff response: Staff is concerned that the proposed project is out of scale with the neighborhood in terms of height and massing. The proposed overall floor area is slightly less than the 2006 approved project; however the 2006 approval was for a lodge project with a free market residential component that was accessory to the primary lodge use. The quality and sizes of lodging units provided in the 2006 approval, and the size of free market residential component (24% of the project compared to 57% of the project), was appropriate at the time to allow the height and floor area that was approved. The proposal for a free market residential project with a lodge component that is mostly three stories with one four story tower does not provide a community benefit or appropriate trade-offs that warrant the proposed dimensions. Staff finds that this criterion is not met considering the proposed ratios of the uses in relationship to the requested variances, and recommends that the floor area of the free market residential component be reduced and the overall height of the project be reduced to better relate to the neighborhood. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a. The probable number of cares used by those using the proposed development including any non-residential land uses. b. The varying time periods of use, whenever joint use of common parking is proposed. c. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d. The proximity of the proposed development to the commercial core and general activity centers in the city. Staff response: The proposed parking garage spaces meet the Code required number of parking spaces: 11 new lodge units @ 0.5 space/unit = 5.5 spaces 21 spaces for the residential component(16 FMR and 5 AH) @ 1 space/unit =21 spaces Total of 5.5 + 21 = 26.5 spaces required and 33,-arages spaces provided. The Parking Department does not support the proposed spaces in the right of way to be designated to the Boomerang Development. The project is located close to a RFTA bus stop on Main Street and a short walk from downtown Aspen. Bike racks are proposed as part of the landscape plan. Staff finds this criterion to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a. There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b. There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Exhibit B- PUD review criteria Boomerang Lodge Page 7 of 12 P28 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a. The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b. The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c. The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d. The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a. The increase in density serves one or more goals of the community as expressed in the serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b. The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above those areas can be avoided, or those characteristics mitigated. c. The increase in maximum density results in a development pattern compatible with and complimentary to the surrounding existing and expected development pattern, land uses, and characteristics. Staff response: The proposed density is discussed in Exhibit A, GMQS and above in Section B of this Exhibit. The pattern is compatible with the neighborhood regarding use which is comprised of multi family development, but nothing in the neighborhood is comparable to the proposed size and scale of this development. The site is physically capable of accommodating the proposed density; however Staff has concerns that the density does not meet the lodge incentive program as described in Exhibit A and does not meet the review criteria for a variance. C. Site Design. The purpose of this standard is to ensure that PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Exhibit B- PUD review criteria Boomerang Lodge Page 8of12 P29 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff response: The proposed site design is appropriate for the proposed use and is consistent with the 2006 approval. The applicant proposes space between the buildings to break up the mass and to provide areas for landscaping. The buildings are oriented to the street. Staff finds this criterion is met. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff response: The applicant proposes simple landscaping in the right of way that follows anew proposed sidewalk. Part of the 2006 approvals included landmark designating the existing original Boomerang wing, which is being preserved as part of this project. All landscape and improvements is subject to Parks and Engineering Department approval. E. Architectural Character. It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resourced. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportions, scale, orientation to public spaces and other buildings, use of materials, and other attributes which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and propose architecture of the property, represent a character Exhibit B- PUD review criteria Boomerang Lodge Page 9 of 12 P30 suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extend practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of now, ice and water in a safe and appropriate manner that does not require significant maintenance. Staff response: The proposed architecture is very similar to the 2006 approval. The applicant proposes to update the material palette with lighter materials such as wood rain screens, metal panels and light stone. The architectural details are simpler, thinner, and lighter than the 2006 approval which included thick timbers and heavy details. The applicant proposes to separate the uses on the parcel through the material palette: the 4 story lodge component is similar in material palette to the historic Boomerang wing, and the free market residential/affordable housing component is proposed to have metal siding, wood rain screens and stacked light stone chimneys. Staff finds that the proposed material palette reflects the proposed use. Staff is concerned that the 4 story lodge building dwarfs the two story historic Boomerang wing. HPC only has purview over the area that contains the historic wing and the historic pool. The proposed height of the project is about 10 feet over the allowed height in the surrounding neighborhood. Staff finds this criteria is not met in that that proposed project does not respect the scale and massing of the historic landmark. The 2006 massing and architecture is largely the same as the current amendment: the only major change is materials. As a primarily lodge project, the mass may be an appropriate trade-off considering the benefit that economy lodge provides to the community. The current proposal of 57% free market residential use on the property does not provide the same benefit to the community and in turn does not warrant the same level of trade-off regarding mass and height in the context of the landmark and the neighborhood. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structure, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and note dint eh final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Response: The lighting plan will meet the light requirements in the Land Use Code. G. Common Park, Open Space, or Recreation Areas. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering Exhibit B-PUD review criteria Boomerang Lodge Page 10 of 12 P31 existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land sues and property user of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Response: n/a. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff response: The Development Review Committee referral agencies have indicated that adequate public infrastructure exists to accommodate the development and have identified necessary upgrades and requirements to be mitigated by the developer. Staff finds this criterion to be met. I. Access and Circulation. The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. Exhibit B-PUD review criteria Boomerang Lodge Page 11 of 12 P32 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreations trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expression for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff response: The proposed development accesses a parking garage off of the alleyway. The existing surface parking along Fourth Street is proposed to be maintained. Bike racks are incorporated into the site plan. Staff finds this criterion to be met. J. Phasing of Development Plan. The purpose of this criterion is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases form the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees in lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff response: No phasing is proposed at this time. Exhibit B- PUD review criteria Boomerang Lodge Page 12 of 12 P33 Exhibit C—Subdivision Amendment 26.480.080.B Amendment to subdivision development order—Other Amendment Any other amendment shall be approved by the City Council, provided that the proposed change is consistent with the approved plat. If the proposed change is not consistent with the approved plat,the amendment shall be subject to review as a new development application for plat. 26.480.050 Review Standards. A development application for subdivision review shall comply with the following standards and requirements: A. General requirements a. The proposed development shall be consistent with the Aspen Area Community Plan. Staff response: Please refer to Exhibit A, GMQS,for a discussion of the AACP. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff response: The property is zoned Lodge Preservation overlay, which legalized the use of the original Boomerang lodge, and Staff finds that a lodge use is appropriate in this location and is consistent with the zoning of the parcel. The surrounding neighborhood comprises single family, duplex and multi family residential. There are lodges located along Main Street. Staff finds that the development is consistent with the character of the existing land uses in the neighborhood. Staff finds this criterion to be met. c. The proposed development shall not adversely affect the future development of the surrounding area. Staff response: The development is consistent with the LP overlay zone district regarding proposed use; however staff has concerns about the proposed height of the project and the proposed amount of free market residential floor area. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staffresponse: The proposed subdivision shall comply with the Land Use Code, B. Suitability of land for subdivision. 1. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health , safety, or welfare of the residents in the proposed subdivision. Exhibit C—Subdivision review criteria Boomerang Lodge Page 1 of 3 P34 2. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff response: The property was already developed as a lodge. Stafffinds this criteria to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff response: The application represents that the improvements in Chapter 26.580 will be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26:520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staffresponse: The project proposed onsite affordable housing units to mitigate for the new free market residential development. See exhibit A for more detailed discussion of affordable housing. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff response: The project shall be subject to the School Land Dedication Standards. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH/PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtin such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Exhibit C—Subdivision review criteria Boomerang Lodge Page 2 of 3 P35 Staff response: GMQS is being processed concurrently with the PUD and Subdivision amendments. Allotments are available to accommodate the proposed development. Exhibit C—Subdivision review criteria Boomerang Lodge Page 3 of 3 P36 Exhibit D—Commercial Design Standards 26.412.060 Commercial Design Standards. The following design standards shall apply to commercial, lodging, and mixed use development: A. Building Relationship to Primary Street. A street wall is comprised of buildings facing principal streets and public pedestrian spaces. Consistent street walls provide a sense of a coherent district and frame and outdoor room. Interruptions in this enclosure can lessen the quality of a commercial street. Corner buildings are especially important, in that they are more visible and their scale and proportion affects the street walls of two streets. Well-designed and located pedestrian open spaces can positively affect the quality of the district, while remnant or leftover spaces can detract from the downtown. A building's relationship to the street is entirely important to the quality of the downtown pedestrian environment. Split-level retail and large vertical separations from the sidewalk can disrupt the coherence of a retail district. The following standards shall apply: 1. Building facades shall be parallel to the adjoining primary streets. Minor elements of the building fagade may be developed at irregular angles. 2. Building facades along primary streets shall be setback no more than the average setback of adjoining buildings and no less than the minimum requirement of the particular zone district. Exempt from this provision are building setbacks accommodating On-Site Pedestrian Amenity, pursuant to Section 26.575.030. 3. Building facades along primary streets shall maintain a consistent setback on the first and second story. 4. Commercial buildings shall be developed with the first floor at, or within two feet above, the level of the adjoining sidewalk, or right of way if no sidewalk exists. "Split- level" retail frontage is prohibited. 5. Commercial buildings incorporating a setback form a primary street shall not incorporate a substantial grade change between the building fagade and the public right of way. "Moats" surrounding buildings are prohibited. Staff Response: The buildings are oriented to Hopkins Avenue with the exception of the designated landmark wing at the corner of Hopkins Ave. and Fourth St. Staff find this criteria is met. B. Pedestrian Amenity Space. Creative well-designed public places and settings contribute to an attractive, exciting, and vital downtown retail district and a pleasant pedestrian shopping and entertainment atmosphere. Pedestrian amenity can take the form of physical or operational improvements to public rights of way or private property within commercial areas. On parcels required to provide pedestrian amenity, pursuant to Section 26.575.030 — Pedestrian Amenity, the following standards shall apply to the provision of such amenity. Acceptance of the method or combination of methods of providing the Pedestrian Amenity shall be at the option of the Planning and Zoning Commission, or the Historic Preservation Exhibit D—Commercial Design Review Boomerang Lodge Page l of 4 P37 Commission as applicable, according to the procedures herein and according to the following standards: 1. The dimensions of any proposed on-site pedestrian amenity sufficiently allow for a variety of uses and activities to occur considering any expected tenant and future potential tenants and uses. 2. The pedestrian amenity contributes to an active street vitality. To accomplish this characteristic, public seating, outdoor restaurant seating or similar active uses, shade trees, solar access, view orientation, and simple at-grade relationships with adjacent rights of way are encouraged. 3. The pedestrian amenity and the design and operating characteristics of adjacent structures, rights of way, and uses, contributes to an inviting pedestrian environment. 4. The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks, or adjacent property, or such duplication does not detract from the pedestrian environment. 5. Any variation to the Design and Operational Standards for Pedestrian Amenity, Section 26.575.030.F promote the purpose of the pedestrian amenity requirements. 6. The Planning and Zoning Commission or the Historic Preservation Commission, as applicable, may reduce the pedestrian amenity requirement by any amount, such that no more than half the requirement is waived, as an incentive for well- designed projects having a positive contribution to the pedestrian environment. The resulting requirement may not be less than 10%. On-site provision shall not be required for a reduction in the requirement. A mix of uses within the proposed building that enliven the surrounding pedestrian environment may be considered. Staff response: The applicant is not located in a zone district that requires public amenity space requirements. C. Street-Level Building Elements. The "storefront" or street-level portion of a commercial building is perhaps the single most important element of a commercial district building. Effective storefront design can make an entire district inviting and pedestrian friendly. Unappealing storefront design can become a detriment to the vitality of a commercial district. In order to be an effective facility for the sale of goods and services, the storefront had traditionally been used as a tool to present those goods and services to the passing pedestrian (potential customer). Because of this function, the storefront has traditionally been as transparent as possible to allow maximum visibility to the interior. The following standards shall apply: 1. Unarticulated, blank walls are prohibited. Fenestration or an alternate means of fagade articulation, is require don all exterior walls. 2. Retail buildings shall incorporate, at a minimum, a 60% fenestration ration on - - exterior street-level-walls facing primary streets.- (For example: Each street-level wall of a retail building that faces a primary street must be comprised of at least 60% fenestration penetrations and no more than 40% solid materials.) This provision may be reduced or waived for lodging properties with no, or limited, Exhibit D—Commercial Design Review Boomerang Lodge Page 2 of 4 P38 street-level retail, office buildings with no retail component, and for Service/Commercial/Industrial buildings. 3. Building entrances shall be well-defined and apparent. 4. Building entrances shall be designed to accommodate an internal airlock such that temporary seasonal airlocks on the exterior of the building are unnecessary. 5. Non-traditional storefronts, such as along an alleyway, are encouraged. Staff response: A commercial building with storefronts is not proposed as part of this project. D. Parking. Parking is a necessary component of a successful commercial district. The manner in which parking is physically accommodated has a larger impact upon the quality of the district than the amount of parking. Surface parking separating storefronts from the street creates a cluttered, inhospitable pedestrian environment. A downtown retail district shaped by buildings, well-designed storefronts, and a continuous street wall is highly preferred over a district shaped by parking lots. Well-placed and well-designed access points to parking garages can allow convenient parking without disrupting the retail district. The following standards shall apply: 1. Parking shall only be accessed form alleyways, unless such access is unavailable or an unreasonable design solution in which case access form a primary street shall be designed in a manner hta minimizes disruption of the pedestrian environment. 2. Surface parking shall not be located between the Street right of way and the building facade. 3. Above grade parking garages in commercial districts shall incorporate ground floor commercial uses and be designed in a manner compatible with surrounding buildings and uses. 4. Above grade parking garages shall not reveal internal ramping on the exterior facade of the building. Staff response: Parking is located below grade and is accessed from the alley. Some surface parking spaces are requested along the street which are subject to review and approval by the Engineering Department. E. Utility, Delivery, and Trash Service Provision. When the necessary logistical elements of a commercial building are well designed, the building can better contribute to the overall success of the district. Poor logistics of one building can detract from the quality of surrounding properties. Efficient delivery and trash areas are important to the function of alleyways. The following standards shall apply: 1. A utility, trash, and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060 Utility/Trash/Recycle Service Areas, unless otherwise established according to said section. 2. All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the Exhibit D—Commercial Design Review Boomerang Lodge Page 3of4 P39 alleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as a historic resource, dictate such encroachment. All encroachments shall be property licensed. 3. Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. 4. Mechanical exhaust, including parking garage ventilations, shall be vented through the roof. The exhaust equipment shall be located as far away from the Street as practical. 5. Mechanical ventilation equipment and ducting shall be accommodated internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible form a public right of way at a pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. Staff response: There are 2 trash utility areas proposed for the project at the request of the Environmental Health Department. The proposed roof plan does not show mechanical exhaust or garage ventilation. Venting these elements through the roof is added as a condition of approval. Staff finds that the review criteria are met. Exhibit D—Commercial Design Review Boomerang Lodge Page 4 of 4 P40 Boomerang DRC comments: Environmental Health: Since waste facilities (trash& recycling) are a health and safety concern, they will be held to the most recent code regarding space. - This means there needs to be a 20'x10'x10' space for the lodge (see Municipal Code 12.10.040) for the lodge and at least 150 square feet for the multi-family development (12.10.050). - How will the residents will access the trash and recycling in its proposed location in a safe manner? - Considering the constraints that may be placed on the location of the waste area by the HPC, exceptions to the space requirement could be made if the area were to be enclosed. ACSD: Since an upgraded main sanitary sewer line is required to serve this new development, a "Collection System Agreement" is required,which is an ACSD Board of Director's action item. Once detailed utility plans are made available to the district,we can initiate CSA. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office at the time of construction. Applicant's engineer will be required to give the district an estimate of anticipated daily average and peak flows from the project. A wastewater study flow will be required for this project to be funded by the applicant. All clear water connections are prohibited (roof, foundation, perimeter, patio drains), including entrances to underground parking garages. On-site drainage and landscaping plans require approval by the district, must accommodate ACSD service requirements and comply with rules, regulations and specifications. On-site sanitary sewer utility plans require approval by ACSD. Oil and Grease interceptors are required for all new and remodeled food processing establishments. Oil and Sand separators are required for public vehicle parking garages and vehicle maintenance facilities. The elevator drains must also be plumbed to the o/s interceptor. Plumbing plans for the pool and spa areas require approval of the drain size by the district. Glycol snowmelt and heating systems must have containment provisions and must preclude discharge to the public sanitary sewer system. Plans for interceptors, separators and containment facilities require submittal by the applicant and approval prior to building permit. Exhibit E—DRC Boomerang Lodge Page 1 of 4 P41 When new service lines are required for existing development the old service lines (5) must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements and prior to all soil stabilization activities. Below grade development will require installation of a pumping system. Generally one tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in areas covered by sewer easements or right of ways to the lot line of each development. All ACSD total connection fees must be paid prior to the issuance of a building permit. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). The district will be able to respond with more specific comments and requirements once detailed building and utility plans are available. Engineering: These comments are not intended to be exclusive, but an initial response to the project packet submitted for purpose of the DRC meeting. Drainage: SGM prepared a memo which outlined a conceptual drainage plan. The conceptual design uses the guidelines from the Urban Runoff Management Plan(the "URMP"). Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when there is enough information to review. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses FIL, it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Exhibit E-DRC Boomerang Lodge Page 2 of 4 P42 Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1.Consider stormwater quality needs early in the design process. 2.Use the entire site when planning for stormwater quality treatment. 3.Avoid unnecessary impervious area. 4.Reduce runoff rates and volumes to more closely match natural conditions. 5.Integrate stormwater quality management and flood control. 6.Develop stormwater quality facilities that enhance the site, the community, and the environment. 7.Use a treatment train approach. 8.Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. Sidewalk and Curb and Gutter: General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21 and Title 29. A number of issues should be examined. This includes the following: 1. A minimum walkway width of 6 feet is required. 2. The head-in parking shown on the site plan does not allow for a clear 6 ft sidewalk walking surface due to vehicle overhang. The head-in parking shown on the site plan is more hazardous than parallel or angled parking. It is preferable to utilized angled parking rather than head-in. At a minimum, angled parking will be required. Angled parking will not reduce the number of parking spots because the parking island has been eliminated from this site plan. 3. All curb and gutter and sidewalk alignment conflicts with existing trees will need to be vetted with both the Parks and Engineering Departments. It may be necessary to adjust the form of the bump out to protect the large cottonwood on the SE corner of the lot. The sidewalks may need to be floated in order to protect the root zones of particular trees. Construction Management—Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Excavation Stabilization—Due to the proximity of the neighboring property and the excavation of the building the City may require an excavation stabilization plan at building permit submittal. Fee in Lieu—This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. Exhibit E—DRC Boomerang Lodge Page 3 of 4 P43 Transportation: The Transportation Department Staff offers the following comments/questions regarding this application: REGULATORY COMMENTS: 1. The project will provide TDM/Air Quality Fees as required by the Land Use Code, Section 26610.090 Current Impact Fees. This code applies to this application due to controlling air quality impacts is a health and safety issue. 2. Staff suggests that the development make use of the newly adopted Transportation Impact Analysis Guidelines. The use of this process and the associated tool will allow the project to establish and offset trip mitigation without the need for an extensive traffic study. 3. The TDM/MMLOS tool can be used to offset the required number of trips by selecting mitigation measures. Mitigation measures selected by the project are reviewed by Engineering and Transportation staff to ensure appropriateness to project type and site. Utilities: The Boomerang Development should plan for a Transformer location on site. As current facilities most likely do not have the capacity to serve this scale of development. Parks: Removal of the dead and dying conifer trees ASAP on Hopkins Avenue, subject to a tree removal permit by the Parks Department. Parkins: Our primary imput is simply a repeat of our past concerns regarding the head-in parking spaces on S. 4th Street which are in the Public ROW. It appears that these parking spaces are still being considered as exclusive use spaces for the Boomerang Lodge. Our Policy is, and always has been, that Grandfathered parking spaces in the Public ROW exist only until such property has a change of ownership or should undergo a major renovation. The parking spaces would then revert to Public parking. Exhibit E—DRC Boomerang Lodge Page 4 of 4 P44 ASPEN H oFF vmaOFFICE GAREIELD &HECHT P.C. 601 East IAvenue > Aspen,Colorado 91611 telephone(970)925-1936 ATTORNEYS AT LAW Facsimile(970)925=3005 Since 1975 �+RF�+.�arfieldhccht.cam E. Michael Hoffman mhoffman@garfield hecht.com Direct Phone: (970) 544-3442 May 28, 2014 Sara Adams Senior Planner Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 Re: Design Changes in Boomerang Lodge Application Dear Ms. Adams: We made a few changes in the site plan and floor plan of the Boomerang Lodge proposal in response to comments made by staff in response to our initial proposal. The changes, which are discussed in greater detail below, are summarized as: i 1. Where we originally proposed eight lodge units on the fourth floor of the building adjacent to the East Wing, we now propose five such units: Six of the originally-proposed units have been combined to create three lodge rooms approximately twice the size of the other lodge units in the project. 2. The currently vested development plan included a garden area on the roof of the East Wing which was accessed through the building located at the center of the project. We plan to restore that garden as amenity for the project once design issues raised by the City's Building Department have been resolved. 3. The westernmost building on the site,which is adjacent to Fifth Street, has been moved to the south by four feet to make room for the electrical transformer and switch box and trash/recycle area which will serve the project. 4. Although not a change in the proposal, we have attached hereto the traffic generation report of Felsburg, Holt & Ullevig, which quantifies the traffic which will be created by the existence of the project on the site of the Boomerang Lodge. i i i i P45 Ms. Sara Adams May 28, 2014 Page 2 We understand that Community Development Department staff was concerned, in its initial review of the proposal, that certain of the provisions of the 2005 Incentive Lodge Development program had not been sufficiently addressed in our original application. Specifically, staff was concerned about the application of two provisions of the Lodge Preservation, LP, zone district, as follows. As part of the PUD review, an adjustment of the "density standard" and the "unit-size standard" may be approved and the project shall remain qualified for the Growth Management incentives associated with these standards. The review shall consider the following criteria: 2. The project includes a generous amount of non-unit space, amenities, and services for guests of the lodging operation. This can include both internal and external amenities. 3. The project provides a range of unit sizes and configurations to be attractive to a broad segment of potential guests. Flexible units are encouraged. A rooftop garden on the East Wing adjacent to the central building was approved as part of the 2006 approval. It was shown on the recorded Final PUD Development Plan for the 2006 approval as shown here: Raw Some design challenges have yet to be met, but the applicant is committed to providing this additional amenity to guests of the hotel and the free-market residential units. The lodge units located on the fourth floor of the project have been modified to supply a greater range of unit sizes with flexible configurations, as required by Section 26.710.320 D.I. of the 2005 Code. As mentioned above, six of the units have been combined to create three lodge rooms roughly double the size of the other units in the project. Each of those units includes two rooms, one of I i P46 i Ms. Sara Adams May 28, 2014 Page 3 which may be "locked off' if necessary or desired depending on the demands of guests for accommodation. . I "Before" and "after" drawings showing the proposed configuration of lodge rooms on the fourth floor of the project drawings of the fourth floor are supplied here: i �I Original Proposal As Currently Proposed I I i .........:,:_ _,:.....__ J-2LI I � 7N I 1� I I } +n I I We believe the variety and flexibility supplied by these redesigned lodge units will substantially enhance the viability and popularity of the hotel aspect of the project. I Title 12 of the Aspen Municipal Code was amended in 2013 to incorporate the City's new requirements for utility and trash/recycle service areas. As applicable to this project, the 2013 Code revisions require a substantial amount of space be provided for trash and recycling storage. To provide the space now required by Code, the applicant has reserved an area along the alley at the northwest corner of the project, as shown here. i I i �I I li i P47 Ms. Sara Adams May 28, 2014 Page 4 rcF�nti�. I ' r t '' i A I i As shown in the drawing, the trash/recycle storage area(and the transformer-utility area) must be ten feet-deep to conform to the xiew regulation. In our original application,this area was six feet deep. To accommodate the change, we have been required to move the entire western building four feet the south. The result is that the building is located between two feet and three feet, five and one-half inches from the southern property boundary, as shown here: .. .... .. 1 0 ry � Finally, I have attached to this letter a copy of the report of Felsburg, Holt& Ullevig concerning traffic impacts anticipated from the project. The report adheres to the Transportation Impact Analysis Guidelines imposed by Ordinance No. 8 (Series of 2014) and utilizes the Microsoft Excel spreadsheet promulgated by staff in furtherance of the new ordinance. As described in greater depth in the report, • "The proposed 69-unit Boomerang development is estimated to generate 25 and 28 trips per hour during the AM and PM peak hours, respectively." • The nature of"the proposed development and its location within Aspen indicate that approximately 56 trips per hour would be mitigated, thus exceeding the trip generation estimates by nearly a factor of two." We believe these results demonstrate that the project has limited traffic impacts on the neighborhood and City as a whole. We look forward to working with you at the upcoming public hearing on our application in front of the City's Planning and Zoning Commission. P48 Ms. Sara Adams May 28, 2014 Page 5 Sincerely, E. Michael Hoffman i i j I i I i I t. Y ' I _ R s p HISTORIC PROPERTY BOOMERA NG LODGE REDEVELOPMENT a � • RECEIVE� ASPEN, COLORADO 04 JUNE 2014 CHARLES CUNNIFFEIIIN 12 2014 ARCHITECTS CITY OF ASPEN Pr,, , Parry ff 11F1 lDAAFNT I -�1 HE EXTERIOR MATERIAL IS PRIMARILY A MIXTURE OF HORIZONTAL AND VERTICAL TAINED WOOD SIDING METAL SIDING IS ADDED TO BREAK UP THE MASSING AND ADD INTEREST MATERIAL SELECTIONS SIDING BOOMERANG LODGE REDEVELOPMENT ©� ASPEN, COLORADO 04 JUNE 2014 CHARLES CUNNIFFE ARCHITECTS a.. THE RAILING DESIGN IS A MIXTURE OF WOOD SLATS FOR - THE LOWER TWO-THIRDS AND _ STEEL CABLE FOR THE UPPER THIRD, ALLOWING FOR BOTH PRIVACY AND VIEW F" MATERIAL SELECTIONS RAILINGS BOOMERANG LODGE REDEVELOPMENT �■ ASPEN, L Q� S , CO RADO O 04 JUNE 2014 CHARLES CUNNIFFE ARCHITECTS .�► ��.� g k 1 - . Ao : �.� : w�L , jL 4 THE CORNERS OF THE BUILDNG ARE ANCHORED WITH TALL STACKED-STONE CHIMNEYS, EACH TOPPED WITH A THIN METAL CAP MATERIAL SELECTIONS CHIMNEYS BOOMERANG LODGE REDEVELOPMENT a■ Q� ASPEN, COLORADO 04 JUNE 2014 CHARLES CUNNIFFE ARCHITECTS E WED, JUN 12 2014 01,Y O� ASSE www.cunniffe.com Lu o U . � a T_ LL IFr RE__ MEGHANIGPL •• .... .. 2 STORAGE 5TORA6E STORAGE 5TORA6E 5711 6E N L WOMEN5 MENS m o BATHROOM BATHROOM � - m W STORAGE Z Z O LAUNDRY 3 U w • 32 31 30 29 28 27 26 35 24 23 22 , w J LOUNGE N Z Y 2 i FP m � 5 SITTING W POOL o a O -i 8 9 10 11 12 13 14 15 16 11 18 19 20 21 O == > o 5TORA6E/MEGH W 0 . STORAGEMEGH STORAGE STORAGE STORAGE STORAGE STORAGE STGRAGE STORAGE 570RA6E 5TGRA6E STORAGE 57GRA6E STGRAGE STORAGE 570RA6E . Q WN/ 0 U - w .N Z U) a SW L O OM W DRAWING': BASEMENT LEVEL FLOOR PLAN °ISSUE: E`°°�DATE: 1 ISSUE: DATE: WD AMENDMENT 03/11/14 3132"=1'-0" JOB N0. 1318 SHEET NO. 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DATE: Ma 1 T.O F F.®2ND LEVEL z' _ _...- .... ........ .. __._.. __ ` PJp N•��+DMENT o9/�ina �... O..F.o GROUND E T. I � JOB N0. 1378 :al .�_. _........ WS ! :,_ "x` y_. ..... - ......... .. ..._.._ .__.._. SHEET N0. A3.1 FIFTH STREET ELEVATION AFFIDAVIT OF PUBLIC NOTICE REQUIIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: C3pap jw R CL4'te1 to q-Q,. ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) ss. County of Pitkin ) I, (naive, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sib072) is attached hereto. hfailing of notice. By the mailing of a notice obtained from the Co=unty Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U..S. mall to all owners of property within three hundred (300) feet of the property subjectaq the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more"than sixty (60) days prior to the date of the public hearing. A copy pf the 014,7701-s a71d governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach su77177ia7y, including the method of public notification and a copy of any doCUMe77tatiO1 that was presented to the public is attached hereto. (continued 077 72ext page) i M17leral Estate 0-,v er Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development- The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement- Rezoni72g or text aniend7nent. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection,in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signa e The foregoing"Affidavit of Notice" was acknowledge before me this2ci day of , 20/A,by 414 el Se PUBLIC NOTICE RE:BOOMERANG LODGE-GMOS REVIEW, COMMERCIAL DESIGN REVIEW,AND RECOM- WITNESS 7, y�D AND OFFICIAL SEAL MENDATIONS RE:PLANNED UNIT DEVELOP- MENT(PUD)AMENDMENT ETND SUBDIVISON 1 NOTICE IS HEREBY GIVEN that a public hearing My commission expires: will beheld ld on Tuesday June 17,2014,at a meet- ing to begin at 4:30 p.m.before the Aspen Plan- ning and Zoning Commission,Sister Cities,City Hall,130 S.Galena St.,Aspen,to consider an ap- . plication submitted by Aspen FSP-ABR,LLC for the property located at 500 West Hopkins Avenue L (commonly known as the Boomerang Lodge),rep- Notary PU.Ul1C resented by Michael Hoffman of Garfield and Hecht and James DeFrancia of Lowe Enterprises.The applicant is requesting an amendment to the ap- provals granted in 2006 for a lodge,free market KAREN REED PATTERSON residential and affordable housing project.Growth NOTARY PUBLIC Management review and Commercial Design re- STATE OF COLORADO view are requested of the Planning and Zoning Commission. In addition a recommendation from NOTARY ID#19964002767 the Planning and Zoning Commissions City ATTACHMENTS AS APPLICABLE: Council is requested regarding amendments to the My Commission Expires February 15,2016 Planned Unit Development(P D)and Subdivision approvals granted through Ordinance 26,Series of rHE p UBLICA TION 2006,which are vested until October 2015. The amendment proposes to increase the floor area WH OF THE POSTED NOTICE (SIGN) and the number of units of the free market residen- - tial component,reduce the number of lodge units ���A T and to in- crease the reduce unumber of affordable housing units and HE O YP 1 YERS AND GOVERNMENTAL AGENCL'S NOTICED to increase the affordable housing floor area. The property is legally described as:Lots K,L,M,N,O, P,O,R and S,Block 31,of the Aspen Townsite, - also known di the Boomerang Lodge Subdivision/ VT CERTIFICATION OF MINERAL ES TAE OWNERS NOTICE PUD,according to the Plat recorded March 21, 2007 in Plat Book 83 at Page 3. For further information,contact Sara Adams at the BRED BY C.R.S. §24-65.5-103.3 City of Aspen Community Development Depart- ment, 130 S.Galena St.,Aspen,CO,(970) 429.2778,sara.adams @cityofaspen.com. s/W Erspamer Chair,Planning and Zoning Commission Published in the Aspen Times on May 29, 2014(10221946) - AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060(E),ASPEN LAND USE CODE i ADDRESS OF PROPERTY: 500 West Hopkins Avenue,Aspen, CO SCHEDULED PUBLIC HEARING DATE: June 17,2014 STATE OF COLORADO ) )ss. County of Pitkin ) I Kayla S. Hall, being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing.A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of____ 1 20_, to and including the date and time of public hearing.A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing.A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) �I Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The naives and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas,are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 1--ew �ff Kay . Ha Signature The foregoing"Affidavit of Notice"was acknowledged before me this 2'-day of May, 2014,Kayla S.Hall. i WITNESS MY HAND AND OFFICIAL SEAL My commission expires: I Notary Public ATTACHMENTS AS APPLICABLE: LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL SASHA LYN SEMPLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID#19964011120 My Commission Expires July 18,2016 i Easy Peel®Labels i ♦ Bend along line to I AWRY@) 51600 Use Avery®Template 51600 j Peed Paper expose Pop-up EdgeTM j 01037H TRUST 400 WEST HOPKINS LLC 501 WEST MAIN LLC 715 N SIERRA DR 601 E HOPKINS AVE 532 E HOPKINS AVE BEVERLY HILLS,CA 90210 ASPEN,CO 81611 ASPEN,CO 8161 1-1 81 8 521-523 W HOPKINS AFFORDABLE HOUSING 604 WEST LLC ALLEN DOUGLAS P CONDO ASSOC 604 W MAIN ST 403 LACET LN 521 W HOPKINS AVE ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 ALPINE BANK AMAYA JOSE ANTONIO AMIRA ASPEN LLC ATTN ERIN WIENCEK ARGUETA BLANCA EDITH 2521 BROADWAY#A PO BOX 10000 605 W HOPKINS AVE#103 BOULDER,CO 80304 GLENWOOD SPRINGS,CO 81602 ASPEN,CO 81611 ANGELOV DIMTAR S&DANIEL D ASPEN FAMILY HOLDINGS LLC ASPEN GALENA LLC 605 W HOPKINS AVE#209 137 WESTVIEW DR PO BOX 5109 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 ASPEN MESA STORE LLC ASPEN SQUARE CONDO ASSOC INC BANK OF NEW YORK MELLON C/O ASPEN BLUE SKY HOLDINGS LLC 617 E COOPER 8742 LUCENT BLVD#300 PO BOX 8238 ASPEN,GO 81611 HIGHLANDS RANCH,CO 80129 ASPEN,CO 81612 .............. BERR LLC BLACK BENJAMIN F&ALICE M BROOKS NORMAN A&LESLEE S 611 W MAIN ST 605 W HOPKINS AVE#208 16311 VENTURA BLVD#690 ASPEN,CO 81611 ASPEN,CO 81611 ENCINO,CA 91436 CARROLL MEREDITH COHEN CARTER RICHARD P CHRISTIANA UNIT D101 LLC CARROLL ARTHUR RICHARD PO BOX 2932 795 LAKEVIEW DR 605 W HOPKINS AVE#210 TELLURIDE,GO 81435 MIAMI BEACH,FL 33140 ASPEN,CO 81611 CITY OF ASPEN CLEANER EXPRESS COCHENER CAROLINE A TRUST#6 ATTN FINANCE DEPT 435 E MAIN ST 7309 EAST 21ST ST#120 130 S GALENA ST ASPEN,CO 81611 WICHITA,KS 67206 ASPEN,CO 81611 CORONA VANESSA LOPEZ CORTALE ITA CUMMINS RICHARD PO BOX 3670 PO BOX 12346 1280 LITE AVE#10 ASPEN,CO 81612 ASPEN,CO 816129237 ASPEN,CO 81611 i I DCBD2 LLC DESTINATION RESORT MGMT INC DILLON RAY IV 1601 ELM ST 8TH FL 610 S WESTEND ST PO BOX 10543 DALLAS,TX 75201 ASPEN,CO 816112142 ASPEN,CO 81612 Nquettes faciles A peler ; A Repllez A la hachure afin de www,avery com Utlllsez le gabarlt AVERYO 51600 ch ens de ent rdv6ler le rebord Pop-upTm 1-800-GO-AVERY j Easy Peel®Labels ♦ Bend along line to ANERYO 5160® Use Avery®Template 51604 j Feed Paper expose Pop-up Edger"" DUNSDON S MICHAELE EMERICK SHELLEY W ERICKSON A RONALD BORKENHAGEN DAVID A 2449 5TH ST 605 W HOPKINS AVE#211 617 W MAIN ST #D BOULDER,CO 80304 ASPEN,CO 81611 ASPEN,CO 81611-1619 FARR CHARLOTTE FAT CITY HOLDINGS LLC FINE FREDRIC N&SANDRA 306 MCCORMICK AVE 402 MIDLAND PARK PL 412 MARINER DR CAPITOLA,CA 95010 ASPEN,CO 81611 JUPITER,FL 33477 FRANSEN ERIN M&GREGORY H FRIAS PROPERTIES OF ASPEN LLC GANT CONDO ASSC 605 W HOPKINS UNIT 206 730 E DURANT 610 S WESTEND ST ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 816112142 GARMISCH LODGING LLC GOLDENBERG STEPHEN R&CHERYL J GOLDMAN DIANNE L 110 W MAIN ST 430 W HOPKINS AVE PO BOX 518 ASPEN,CO 81611 ASPEN,CO 81611 FAIRFIELD,CT 06824 GOLDSTONE JONNAA H&H PROPERTIES LLLP HAISFIELD MICHAEL DOUGLAS 805 W HOPKINS AVE#203 807 W MORSE BLVD STE 101 HAISFIELD LISA YERKE ASPEN,CO 81611 WINTER PARK,FL 32789-3725 616 W HOPKINS ASPEN,CO 81611 HAYMAN JULES ALAN HUCKABEE CHRISTOPHER M HY-MOUNTAIN TRANSPORTATION INC 9238 POTOMAC SCHOOL DR 4521 S HULEN 3220 214 B AABC POTOMAC,MD 20854 FORT WORTH,TX 76109 ASPEN,CO 81611 IGLEHART SANDRA K JAS CAPITAL LLC JEWISH RESOURCE CENTER CHABAD OF 617 W MAIN ST 617 W MAIN ST#E ASPEN ASPEN,CO 81611 ASPEN,CO 81611 435 W MAIN ST ASPEN,CO 81612 JOHNSON STANFORD H JOHNSTON FAMILY TRUST KARBANK NEIL D PO BOX 32102 2018 PHALAROPE 604 W MAIN ST TUCSON,AZ 85751 COSTA MESA,CA 92626 ASPEN,CO 81611 KATZMAN LORI ANN KELLY KIM KELSO DOUGLAS P 301 MERCER BLVD 605 W HOPKINS AVE#202 627 W MAIN ST CHARLEVOIX,MI 49720 ASPEN,CO 81611 ASPEN,CO 81611-1619 KURKULIS PATSY&PAUL R LITTLE AJAX CONDOMINIUM ASSOC LOT 2 BOOMERANG LOT SPLIT 605 W HOPKINS AVE#201 605 W HOPKINS#006 PLANNED COM OWNERS ASSOC ASPEN,CO 81611 ASPEN,CO 81611 533 E HOPKINS AVE 3RD FL ASPEN,CO 81611 k1cluettes fatales A peler Sens de Repliez A fa hachure An d vv e WW:aWefy com Utalisez le gabarit AVERY®51601 1 thargement r6v6ler le rebord Pop-up-j 1-800-GO-AVERY 1 Easy Peel®labels i ♦ ® Bend along line to ® AVERY® 51600 1 Use Avery®Template 5160 Feed Paper expose Pop-up Edge— j 1 MADSEN MARTHA W MARSHALL ALISON J&JOSHUA W MONARCH III LLC 608 W HOPKINS AVE APT 9 605 W HOPKINS AVE#212 4601 COLLEGE BLVD#300 ASPEN,CO 81611 ASPEN,CO 81611 LEAWOOD, KS 66211 MURPHY JULIANNE&WILLIAM R JR REV NAVIAS CRAIG&ESTHER TRUST NECHADEIM REALTY LLC TRUST PO BOX 4390 PO BOX 4950 9833 SHORELINE DR ASPEN,CO 81612 ASPEN,CO 81612 LONGMONT,CO 80504 NELSON TREVOR T&ROSE MARIE NIX ROBERT JR NORTH AND SOUTH ASPEN LLC 605 W HOPKINS#207 PO BOX 3694 200 S ASPEN ST ASPEN,CO 81611 ASPEN,CO 81612 ASPEN,CO 81611 NORTHWAY LLC PERRY EMILY V RAINBOW CONNECTION PROPERTIES LLC 106 S MILL ST#202 1497 ISABELLA LN 4475 NORTH OCEAN BLVD#43A ASPEN,CO 81611 SANTA BARBARA,CA 93108 DELRAY BEACH,FL 33483 REVA LLC RODRIGUEZ JOANN ROLAND DANIEL P&LEAH S PO BOX 1376 605 W MAIN ST#OOA 605 W HOPKINS AVE#102 ASPEN,CO 81612 ASPEN,CO 81611 ASPEN,CO 81611 RUFUS CAM1 CAMI LLC SCHALL FAMILY TRUST SCHULMAN WILLIAM PAUL 1280 LITE AVE#7 3841 HAYVENHURST DR 301 MERCER BLVD ASPEN,CO 81611 ENCINO,CA 91436 CHARLEVOIX,MI 49720 SHADOW MTN CORP SHERWIN ENTERPRISES LLC SMITH ANDREW C&DONNA G 121 ALHAMBRA PLAZA STE 1400 C/O JENNIFER SHERWIN 3622 SPRINGBROOK ST CORAL GABLES,FL 33134 1714 VISTA ST DALLAS,TX 75205 DURHAM,NC 27701 STARFORD PROPERTIES NV STASPEN LLP STERTZER ELYANE 121 ALHAMBRA PLAZA,STE 1400 1180 PEACHTREE ST NE 605 W MAIN ST CORAL GABLES,FL 33134 ATLANTA,GA 303093521 ASPEN,CO 81611 STUART DANIEL S&TAMARA B THE PRIDE LLC THROM DOUGLAS H PO BOX 3274 PO BOX 4818 617 W MAIN ST ASPEN,CO 81612 GRAND JUNCTION,CO 80505 ASPEN,CO 81611 TODD SHANE TOMS CONDO LLC TUCKER LUCY LEA PO BOX 2654 C/O BRANDT FEIGENBAUM PC PO BOX 1480 ASPEN,CO 81612 132 MIDLAND AVE#4 ASPEN,CO 81611 BASALT, CO 81621 l tiquettes faciles a peler A Repliez a la hachure afln de; www.averycom Utillsez le gabarit AVERY0 5160® 1 chae rgement r6v6ler le rebord Pop-up" 1-800-GO-AVERY � Easy Peel®labels i ♦ Bend along line to AVERY® 51600 i Use Avery®Template 51600 j Feed Paper expose Pop-up EdgeTM j 1 ULLR CONDO LLC ULLR HOMEOWNERS ASSOCIATION UMBA ENTERPRISE LLC 6450 AVENIDA CRESTA 600 E HOPKINS#304 605 W MAIN ST#103 LA JOLLA,CA 92037 ASPEN,CO 81611 ASPEN,CO 81611 UTOPIA LIVING ASPEN LLC VERNER DANIEL A&MERYLE VOSS NATALIE SUSAN REV TRUST 524 ELEVENTH ST 2577 NW 59TH ST 605 W HOPKINS AVE#204 SANTA MONICA,CA 90402 BOCA RATON,FL 33496 ASPEN,CO 81611 WAGNER HOLDINGS CORP LLC WASHBURN SERENE MARIE V WENDT ROBERT E II C/O BILL POSS 605 W HOPKINS AVE#205 350 MT HOLYOKE AVE 605 E MAIN ST ASPEN,CO 81611 PACIFIC PALISADES,CA 90272 ASPEN,CO 81611 WERLIN LAURA B TRUST WEST ALFRED P JR&LORALEE S WHIPPLE JOHN TAGGART 2279 PINE ST THE WEST FAMILY OFFICE 121 S GALENA ST SAN FRANCISCO,CA 94115 2023 WAYNESBOROUGH RD ASPEN,CO 81611 PAOLI,PA 19301 WINGSTONE TOY COMPANY LLC YOUNG PAUL III FAMILY TRUST 12 GREENBRIAR LN 413 W HOPKINS AVE PAOLI,PA 19301 ASPEN,CO 816111603 Etiquettes fables a peter Repliez h la hachure afin de i www.averycom Utilisez le gabarit AVERY®51604) j chargement r6v6ler le rebord Pop-upTM 1 1-800-GO-AVERY AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 500 West Hopkins Avenue,Aspen, CO SCHEDULED PUBLIC HEARING DATE: June 17,2014 STATE OF COLORADO ) )ss. County of Pitkin ) I, Michael Hoffman, being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (I5) days prior to the public hearing.A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department,which was made of suitable, waterproof materials,which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the 20"`day of May, 2014, to and including the date and time of the public hearing.A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen(15)days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing.A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas,are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the propose�d.-��9n g map shall be available for public inspection in the planning agency g all btfiniss�iours for fifteen (15) days prior to the public hearing on such z:- ichael Hoffman The foregoing"Affidavit of Notice"was acknowledged before me this P'day of May,2014,by Michael Hoffman. WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Z� No ublic ATTACHMENTS AS APPLICABLE: COPY OF THE PUBLICATIONPHOTOGRAPH OF THE POSTED NOTICE(SIGN} KAYLA LYNN SCHULER HALL NOTARY PUBLIC STATE OF COLORADO NOTARY ID#20124044475 My Commission Expires July z0,2016 't �,�,yi�, _' A'���y��� r•n cA�l ti�1�� {�;'`..�� �'Y.rff, �;' *y,� �', �dr ,�j��"•r y�j,`f��`i� al �y x f;�_ 'c.. J t •r t•'� lI J J NOTICE area is p less lodge units. The overall floor roposeSto be reduced by about 4,500 square feet. The applicant is Aspen - - • - I � . • � r �Y'' of Garfield I • and James j DeFrancia of Lowe Enterprises. / / . . • • • • ••• For • •n contact Aspen Planning Dept. at 970-429-2758. • i1 • • n 4� wY , ,,,J` .1.1.1 1'!� ,�1; �� �r } .>".�t'�a ,�.�ti a#. ^��'�1`�'• �1 .�la ��/6,/ .' . . .Y' r•`' I. +��. 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